Among the bills passed this legislative session and sent to Gov. David Ige for his consideration is one that would stiffen penalties for violating the state’s aquatic resources law.
House Bill 1653, introduced by Rep. David Tarnas, a Democrat who represents North Kona and North and South Kohala, establishes a tiered administrative fine system for each specimen of aquatic life taken, killed or injured and establishes a criminal fine structure on a per-specimen basis for violations involving aquatic life.
It also makes fishing by explosives, electrical means or poisoning a Class C felony punishable by up to five years imprisonment.
Tarnas said the idea behind the bill was to give the Department of Land and Natural Resources “more tools in order to improve enforcement of the state’s aquatic life rules and laws.”
The measure was co-introduced or endorsed by an additional 22 members of the House, including Big Island Reps. Greggor Ilagan, Nicole Lowen, Mark Nakashima, Richard Onishi and Jeanne Kapela. It passed its final reading in the House unanimously with two representatives, Sylvia Luke and Bob McDermott excused. It also had previously passed muster in the Senate by a 25-0 vote.
The legislation amends the current law regarding the taking, killing or injuring of endangered or threatened aquatic species to a fine per specimen of up to $5,000 or the retail market value, whichever is higher. Those fines escalate to $10,000 or retail value per specimen for the second violation, and $15,000 or retail value per specimen for the third violation.
The current fine structure penalizes violators on a per-species basis instead of per specimen.
“I found that in some cases, the prosecutors and the judges didn’t have the ability to increase fines if they had a large number of individual specimens of a particular species,” Tarnas said. “This way there is one charge, but if there’s a large number of individual specimens, there can be a higher fine.”
The measure also provides for fines of $1,000 or retail value of the specimen for other aquatic life taken, killed or injured illegally. Those fines increase to $2,000 or retail value for a second violation or $3,000 or retail value for a third violation.
The bill does not list the specific species of aquatic life covered by those fines.
The DLNR would be authorized to recommend community service that benefits the resource damaged when a violator is ordered by a court to perform community service instead of a fine. A court also would have the option to require the defendant to complete an aquatic resources educational class administered by the DLNR in lieu of all or part of a monetary fine.
The DLNR would also be allowed to recommend to the environmental court that the defendant by sentenced to probation with provisions prohibiting the defendant from entering the ocean, estuaries, rivers and streams within the state, fishing, possessing or operating a boat or fishing gear, and taking or possessing certain species of aquatic life.
“There are times when whoever was found guilty of violating a rule or law really should be kept away from the area or kept out of the ocean, if they’re multiple repeat offenders,” Tarnas said. “So, what this bill authorizes is that DLNR could recommend certain terms and conditions to the court, such as ‘this individual should not be allowed to fish in this certain area.’”
The bill, if signed into law by the governor or allowed to become law without his signature, would go into effect on July 1.
Email John Burnett at jburnett@hawaiitribune-herald.com.
